Content Participant Third-Party-Beneficiary Rights. For so long as Content Participant is an Eligible AV Content Participant, it shall be a third-party beneficiary of each Adopter Agreement (Content Participant, together with any one (or more) other Fellow AV Content Participant(s) that is (or are) Eligible AV Content Participant(s) under its (or their) respective Content Participant Agreement(s), “AV Content Participant Beneficiaries”), and, as such, shall be entitled to bring a claim or action to enforce such rights against an Adopter as are specified in such Adopter’s Adopter Agreement (such claim or action, together with any third-party-beneficiary claim brought by any other AV Content Participant Beneficiary, an “AV Content Participant Beneficiary Claim”), and to have such remedies as are set forth in such Adopter Agreement in accordance with the procedures set forth in Exhibit A, with respect to such Adopter’s implementation of DTCP in any product that is capable of receiving or transmitting data in a format in which Content Participant has made Eligible Content available. Exercise of Content Participant’s third-party-beneficiary rights under any Adopter Agreement shall not constitute an election against any statutory or other extra- contractual remedy or other relief against an Adopter which may be available to Content Participant for the same act which gave rise to the AV Content Participant Beneficiary Claim.
Content Participant Third-Party-Beneficiary Rights. At any time during the term of this Agreement, provided that Content Participant is then an Eligible Content Participant, Content Participant shall, together with any one or more other Eligible Content Participants, be a third-party beneficiary of each Adopter Agreement (Content Participant, together with such Eligible Content Participant, “Content Participant Beneficiaries”), and, as such, shall be entitled to bring a claim or action, in accordance with the procedures set forth in Exhibit A hereto, to enforce such rights against a Licensee and/or its Subsidiaries as are specified in the applicable Adopter Agreement (such claim or action, together with any third-party-beneficiary claim brought by any other Content Participant Beneficiary, a “Content Participant Beneficiary Claim”), and to have such remedies as are set forth in such Adopter Agreement, with respect to such Licensee’s and/or its Subsidiaries’ implementation of MG-R(SVR) for EMPR in any product. If an Eligible Content Participant is the prevailing party in any action brought under this Section 3.3, such Eligible Content Participant shall additionally be entitled to an award of certain attorneys’ fees, as specified in the applicable Adopter Agreement. Exercise of Content Participant’s third-party-beneficiary rights under any Adopter Agreement shall not constitute an election against any statutory or other extra-contractual remedy or other relief against a Licensee and/or its Subsidiaries that may be available to Content Participant for the same act which gave rise to the Content Participant Beneficiary Claim.
Content Participant Third-Party-Beneficiary Rights. For so long as Content Participant is an Eligible Content Participant, it shall be a third party beneficiary of each Adopter Agreement and shall be entitled to bring a claim or action to enforce rights against an Adopter (other than an Adopter in its capacity as a Licensed Content Producer), (together with any third party beneficiary claim brought by any Fellow Content Participant, a “Content Participant Beneficiary Claim”), in accordance with the third party beneficiary provisions set out in Section 10.5 of this Interim Agreement and the applicable Adopter Agreement, with respect to Adopter’s compliance with its obligations under its Adopter Agreement.
